CFAA's Criminal Reach Unsettled After Nosal Ruling

Law360, New York (May 6, 2011, 5:50 PM EDT) -- The Ninth Circuit's divided April 28 ruling in a Computer Fraud and Abuse Act case against a former managing director at an executive search company left lingering questions about whether workers can be held criminally liable for violating employers' computer use and access policies, lawyers say.

The 2-1 opinion reversed a district court ruling and reinstated five previously dismissed CFAA counts in a criminal case against David Nosal, who allegedly engaged Korn/Ferry International employees to obtain proprietary information off the company's computer system for him, after...
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